Receiving threatening phone calls from debt collectors can feel overwhelming. Many people in California face aggressive collection tactics every day. Understanding your rights can help you recognize when a debt collector crosses the line and violates state or federal law.
Can you actually be arrested for unpaid debt?
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from making false, deceptive or misleading threats. This includes threats of arrest or imprisonment when no legal basis exists. California law provides additional protections through the Rosenthal Fair Debt Collection Practices Act.
If a debt collector threatens you with arrest for an unpaid credit card or medical bill, they are using improper scare tactics. However, there is an important exception. If a creditor takes you to court and a judge orders you to appear for a judgment debtor examination, you must comply. Failing to attend a scheduled court hearing can result in arrest for contempt of court, but not for the debt itself.
What tactics are debt collectors prohibited from using?
State and federal laws have certain limits on how debt collectors can contact consumers. These protections exist because aggressive collection practices can cause significant emotional distress. Debt collectors cannot do the following:
- Harassing, oppressing or abusing consumers
- Calling before 8 a.m. or after 9 p.m.
- Using obscene language or making repeated calls to annoy consumers
- Contacting consumers at work if their employer prohibits such calls
- Falsely claiming to be law enforcement officers
- Misrepresenting the amount owed
Recognizing these violations is an important first step in addressing the situation. If a debt collector engages in any of these prohibited practices, there are legal protections available.
What steps can you take if threatened?
Consumers who face improper collection tactics have several options to protect themselves. Consider keeping a detailed record of every contact with the debt collector. Write down the date, time, caller name, company name and what the caller said. Additionally, save all voicemails and emails.
You may be able to file complaints with the Consumer Financial Protection Bureau (CFPB) and the California Department of Financial Protection and Innovation. These agencies track patterns of concerning behavior. You may also benefit from consulting with a legal professional. They can evaluate your situation and determine if you have a valid claim under federal or California law.
Take action against illegal debt collection tactics
Threats of arrest are a severe violation of your rights. If a third-party agency uses illegal scare tactics to force a payment, you do not have to endure the abuse. Document the violations in case you later decide to file a claim.